Terms and Conditions | www.badcustomer.com

Definitions
Bad Customer, an informational site and its accompanying database, is owned and operated by BadCustomer, Inc. For purposes of this agreement, "Partner" will refer to registered merchants who use this site and its accompanying database for informational purposes. "API" will refer to the Application Programming Interface code provided by BadCustomer, Inc. to query the BadCustomer, Inc. database for informational purposes. "Customer" will refer to any entity purchasing a service or product from BadCustomer, Inc.

Continued Use
Partner membership, including the ability to use the API to query the BadCustomer, Inc. database, is conditional and can be revoked at any time. Misuse of the BadCustomer, Inc. database will result in revocation of membership privileges and possible civil and criminal penalties.

Informational Purposes Only
By using this site as a Partner, you hereby agree that any and all queries you make to the database via API, directly on forms provided on the site, or via any other means provided now and in the future, are strictly for your informational purposes only. Upon querying the database and obtaining information, it is solely your responsibility to determine what action, if any, should be taken, including but not limited to whether you wish to continue with or decline a sale for a potential customer based on information you have obtained.

Merchant Processing Disclaimer
BadCustomer, Inc. is not a credit card, debit card or ACH processing system, and does not accept, decline, refund or create chargebacks as any part of the informational process on the site.

Partner Agreement
By providing data to BadCustomer, Inc. you agree to authorize BadCustomer, Inc. to pool your encrypted data with encrypted data provided by any and all of our merchant partners and third parties. You further authorize and acknowledge that BadCustomer, Inc. will allow you and all participating merchant partners to perform encrypted searches of that pooled data. You agree that all data provided to BadCustomer, Inc. is the result of legitimate chargebacks against your merchant account from actual consumers, and that any data misrepresented as chargebacks to BadCustomer, Inc. will result in one or more of the following: removal of data from BadCustomer, Inc.'s database; permanent blocking of access to BadCustomer, Inc. site tools and database; and possible civil and criminal penalties. You further grant BadCustomer, Inc. the right to remove chargeback data you provide for specific customers on a case-by-case basis if: 1) A customer removes their information from the database; or 2) If a customer has a legitimate claim that their data was erroneously added to the database. You further acknowledge that BadCustomer, Inc. is in no way required to compensate any providers of customer chargeback information. BadCustomer, Inc. will conduct regular audits to determine if Partners querying the database are also contributing data to the database. Non-contribution of data over a given period of time may result in a per-transaction fee being levied for database query transactions. BadCustomer, Inc. reserves the future right to impose fees for these and other various services at any time after reasonable warning to Partners.

Remedy
BadCustomer, Inc.'s entire liability, and your exclusive remedy, shall be a refund, at our option, of the price paid for any services provided. We limit refunds to thirty days from the date or purchase.

Partner Certification, Responsibilities and Permissible Purposes
You agree and certify that when signing up as a Partner, and in using the BadCustomer.com website, API, or when obtaining any information from BadCustomer.com, that you have a legitimate and proper business need for obtaining that information, and that you will only obtain and use information for the business purpose of determining if you wish to continue with a purchase transaction initiated by a specific customer. If, based on the information you receive, you decide not to allow the customer to complete their purchase, you agree to provide the following oral, written or electronic notice of the adverse action to the consumer:

Adverse Action Notice Under Section 615(a) of FCRA For Use in Non-Credit Situation
[Describe the adverse action taken.] This decision was based in whole or in part on information obtained in a consumer report we received from BadCustomer, Inc., 100 Wilshire Blvd., Suite 750, Santa Monica, CA 90401, (213) 221-4240. The agency played no part in our decision and is unable to supply specific reasons why we made this decision. You have a right under the Fair Credit Reporting Act to know the information contained in your credit file at the consumer reporting agency. You also have a right to a free copy of your report from the reporting agency, if you request it no later than 60 days after you receive this notice. In addition, if you find that any information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the matter with the consumer reporting agency.

Notices of Furnisher and User Responsibilities Under the FCRA
Pursuant to Section 607(d) of the Fair Credit Reporting Act (the "FCRA"), the following are links to notices describing the responsibilities of furnishers (businesses who provide information to the BadCustomer List) and users (businesses who query the BadCustomer List using the BadCustomer API to receive consumer reports) under the FCRA:

FCRA FURNISHER NOTICE
FCRA USER NOTICE

There shall be No Warranties express or implied
In no event shall BadCustomer, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on BadCustomer, Inc.'s Internet site, even if BadCustomer, Inc. or a BadCustomer, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The materials appearing on BadCustomer, Inc.'s web site could include technical, typographical, or photographic errors. BadCustomer, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. BadCustomer, Inc. may make changes to the materials contained on its web site at any time without notice. BadCustomer, Inc. does not, however, make any commitment to update the materials.

ALL WEB SITES, PRODUCTS AND SERVICES ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BADCUSTOMER, INC. DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS HAVE CAUSED DAMAGE OR HARM IN ANY WAY, YOU, AND NOT BADCUSTOMER, INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY BADCUSTOMER, INC. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BADCUSTOMER, INC. SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO UNLESS EXPRESSLY STATED HEREIN.

Limitation & Exclusion of Liability
These warranties exclude all incidental or consequential damages. BadCustomer, Inc., and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

Legal Forum, Choice of Laws & Official Language
This offering is a contract between you the buyer and BadCustomer, Inc., the seller. The seller is located in Santa Monica, CA and by doing business with us you agree that this offering is made from Santa Monica, CA and shall be governed by the laws of the United States Of America. By electing to participate in this offer, you are entering into a contract.

This Agreement shall be governed by and construed in accordance with the laws of the United States Of America, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the United States Of America. In addition, you agree to submit to the jurisdiction of the courts of the United States Of America, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the United States Of America in Santa Monica, CA.

The terms constituting this offering are set forth in writing on this Website. You hereby agree to submit to the jurisdiction located in Santa Monica, CA to resolve any disputes or litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing.

This agreement is being written in English, which is to be the official language of the contract's text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate.

Copyrights
BadCustomer, Inc. and/or associated third parties hold the rights to this Website and all products, materials and/or services related thereto, and all other information, such as copyrighted material, trademarks, intellectual property, work product and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, and on in any way exploit, in whole or in part, any Proprietary or other Material.

Purchasing Agreement
By purchasing any products or services offered on this by BadCustomer, Inc., you agree to all the terms and agreements for payment as outlined on the product and order page, confirmation of order page, and confirmation email.

Refunds
Refunds for products or services purchased on this site may be processed by emailing customer_support@badcustomer.com or by calling (213) 221-4240 between the hours of 9AM and 5PM PST Monday through Friday within thirty (30) days of purchase.

Assignment of Rights
By providing any personal information, you agree and are giving permission that BadCustomer, Inc., its associates, sponsors and co-sponsors of this offer may contact you by means of telephone, e-mail or other sources of marketing, even if your number is found on a do not call registry or listed on an opt out list pursuant to the CAN-SPAM Act.

Links
BadCustomer, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BadCustomer, Inc. of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications
BadCustomer, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

License
All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or product, or service, or any subset of the licensed program, product or service, without express written consent from BadCustomer, Inc. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Our company reserves all rights not expressly granted here.